Administrator's petition (Form B15)

Section 247 of the Bankruptcy Act 1966 lets a person administering a deceased person's estate, such as an executor or administrator, present a petition for an order that the estate be administered under Part XI, accompanied by a statement in duplicate of the deceased's affairs and of the administration so far. Rule 11.04 of the Federal Court (Bankruptcy) Rules 2016 requires the petition to be in accordance with Form B15 and accompanied by an affidavit of a person who knows the relevant facts verifying it. The deceased must have had one of the listed connections with Australia at death (s 247(2)), and the Court may make or refuse the order as it thinks fit (s 247(1A)).

When you need it

• You are the executor or administrator of a deceased estate that cannot pay its debts and you want it handed to a trustee to administer under the Bankruptcy Act.
• You have prepared a statement of the deceased's affairs and of your administration of the estate.
• Not for a creditor of the estate, who uses Form B14.

1. 1

   Heading

   Complete the District Registry, the estate in the 'In the matter of' line and the parties. The form's 'To' line refers to the legal personal representative; adapt it as the nature of the case requires, since you are the administrator.

2. 2

   The petition

   Give your name and address as administrator, the name of the deceased and the date of death, and confirm you are the administrator of the estate.

3. 3

   Statement of affairs

   Confirm that the deceased's affairs and your administration are set out in the accompanying documents, and that to the best of your belief they are true and complete.

4. 4

   Connection with Australia

   Tick each connection that applied at the time of death and delete the others.

5. 5

   Address for service and signature

   Give an address for service, date the petition and sign as the applicant or the applicant's lawyer. If there is more than one administrator, adapt the form.

• File the petition with the verifying affidavit (r 11.04) and the statement, in duplicate, of the deceased's affairs and your administration (s 247(1)). File through eLodgment or at a District Registry.
• Unless the Court orders otherwise, serve the petition, the verifying affidavit and the statement on each person known to you to be a creditor of the estate, or such other person as the Court directs, at least 5 days before the hearing (r 11.05).
• If the Court makes the order, give a copy to the Official Receiver within 2 days (s 247(3)), and request entry of the order if it was not entered when made (r 11.06).
• A filing fee may apply. Check the current fee schedule.

• The form's headings were adapted from the creditor's petition, so it still mentions the 'applicant creditor'. Read it as referring to you as the administrator applicant.
• Prepare the statement of affairs carefully. You are confirming it is true and complete to the best of your belief.
• Keep a list of known creditors with addresses so service under rule 11.05 can be proved.